APPEAL from the Circuit Court of Lake County; the Hon. FRED H.
GEIGER, Judge, presiding.
MR. JUSTICE SCHOLZ DELIVERED THE OPINION OF THE COURT:
Ervin John and Gordon Drake were each charged along with two other defendants in an indictment that contained four counts. They were charged with attempt to commit the crime of murder, aggravated assault and criminal damage to property. We are concerned here only with the appeals of the defendants, John and Drake.
The defendant, Drake, pled guilty to the crime of aggravated assault contained in count two and was sentenced to a term of 3 to 5 years in the penitentiary.
This court on August 7, 1973, pursuant to the provisions of the Unified Code of Corrections (Ill. Rev. Stat. 1973, ch. 38, par. 1005-5-2(b)(1)) granted a motion for summary reduction of sentence and discharged the defendant from the sentence.
The defendant, John, entered a plea of guilty to the crime of attempt to commit murder and was sentenced to serve 6 to 12 years in the penitentiary.
Basically the defendants, on appeal, contend that the trial court did not comply with Supreme Court Rule 402 (Ill. Rev. Stat. 1973, ch. 110A, par. 402) in regard to admonishment and in regard to the acceptance of the plea of guilty and entering judgment thereon. In addition, the defendant, John, contends that his plea of guilty was not knowingly and intentionally entered and further claims that the trial court misstated the law concerning the availability of an affirmative defense.
• 1 The plea of each defendant was a negotiated plea under Supreme Court Rule 402 in the sense that each defendant agreed to plead guilty to a specified count of the indictment on condition that the other counts of the indictment would be dismissed. There was no agreement in regard to either defendant as to sentence and there was no in camera discussion of the negotiations but rather all discussions were conducted in open court.
Rule 402 of the Illinois Supreme Court Rules provides:
"In hearings on pleas of guilty, there must be substantial compliance with the following:
(a) Admonitions to Defendant. The court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following:
(1) the nature of the charge;
(2) the minimum and maximum sentence prescribed by law, including, when applicable, the penalty to which the defendant may be subjected because of prior convictions or consecutive sentences;
(3) that the defendant has the right to plead not guilty, or to persist in that plea if it has already been ...